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by Admin
07 May 2024 2:49 AM
In a significant judgment, the High Court of Delhi, comprising Hon'ble Mr. Justice Suresh Kumar Kait and Hon'ble Ms. Justice Neena Bansal Krishna, granted a decree of divorce on the grounds of cruelty, in the case of XXXX , highlighting the repercussions of false allegations in matrimonial disputes.
Legal Point: The judgment delved into the interpretation of 'cruelty' as a ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, especially in the context of false allegations and their impact on the mental well-being of the individual.
Facts and Issues: The marital discord between Sandeep Singh (Appellant) and Jagwanti @ Nidhi (Respondent) led to the appellant seeking divorce, citing cruelty and desertion. He alleged false accusations of dowry demands and domestic violence by the respondent. Despite the acquittal of the appellant and his family in the criminal proceedings initiated by the respondent, the Family Court initially dismissed the divorce petition, prompting the appeal to the High Court.
On Cruelty: The Court found that the false accusations made by the respondent against the appellant, which led to criminal proceedings and subsequent acquittal, amounted to mental cruelty. The judgment stated, “the respondent’s unsubstantiated allegations of dowry demand and domestic violence...committed cruelty upon the appellant.”
The Court observed the respondent's repeated and extended absences from the matrimonial home and lack of efforts to reconcile as indicative of desertion. The judgment emphasized the necessity of a permanent intention to end cohabitation in establishing desertion.
Decision: Overruling the Family Court's decision, the High Court granted a divorce to the appellant, citing the mental agony caused by false allegations and the respondent's desertion as grounds for the decision.
Date of Decision : February 28, 2024
Xxx vs xxx
